Effective Date: 12. September 2017
Thank you for joining the Be My Eyes community, connecting blind and visually impaired with sighted helpers from around the world via live video.
We hope that you will use our Services to create a community of visually impaired and sighted users that communicate with, help, and learn from each other in positive ways. That is why we built them.
Be My Eyes connects blind and visually impaired people to sighted people who can help them “see” when needed.
These are the terms that explain how you can use our services, and they form a legal agreement between you and us. This section summarizes the terms, but you need to read through the entire document.
When you use our services:
Be My Eyes Services allow visually impaired users to connect with sighted users via live video chat, so the sighted user can help the visually impaired user by describing what is being shown on the video. The video stream is one-way — that is, the visually impaired user creates the video stream that the sighted user views. But the audio stream is two way so that the visually impaired user can hear the sighted user describe the video content.
Be My Eyes provides the platform to make these connections. We do not create the videos, we do not interpret the videos and we do not pre-screen the videos. We are not and cannot be responsible for the content being shared using our Services.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Be My Eyes is not responsible or liable for the conduct of any user or the content of any video stream. Be My Eyes reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You must exercise common sense and your best judgment when interacting with others, including when you submit or post User Content or any personal or other information.
You agree that you are responsible for all data, telecommunications and/or other third party charges you incur to use the Service.
Our Services directly connect users so that sighted volunteers can help blind and visually impaired users. We hope and trust that our user community will be respectful of each other, particularly given our mission. But we recognize that this may not always be the case, and that some users may abuse our Services. If you witness or are subject to misuse or abuse of our Services, please let us know about it immediately at firstname.lastname@example.org.
When you use the Services to create or transmit a video; post data, graphics or a written message of any kind, or interpret a video for another user, you are creating “User Content.” User Content may include data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, show, post or display on or via the Services.
As a Video Maker, you own all of the User Content you create or post, including any video chat that you start. If you are not a Video Maker, you own all of the the User Content you create or post except that you do not own any video chat that you participate in but did not start.
You are solely responsible for your User Content. By using the Services to create or post User Content, you represent and warrant that you (i) are the owner or licensee of the User Content, and (ii) that you have the right, power and authority to post that content and grant the licenses specified below. You also represent and warrant the User Content you create or post will not violate third-party rights of any kind, including without limitation any copyrights, rights of publicity and privacy rights. You agree to pay for all royalties, fees, and any other money that may be owed because of any User Content you show or display through the Service.
You hereby grant to Be My Eyes, and Be My Eyes hereby accepts from you, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, commercialize, and make derivative works of your User Content, including your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for any purpose in connection with the Services and Be My Eyes (and its successors’ and affiliates’) business.
Finally, you waive any rights to inspect or approve of any marketing or promotional materials related to your User Content. You also waive any and all privacy rights, publicity rights, and any other similar rights in connection with video chats, other User Content, and any portion of either. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any or all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any video chats or User Content.
Some of the Service may be supported by advertising revenue and may display advertisements and promotions. You agree that Be My Eyes may place such advertising and promotions on the Service, including on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You agree that you are not entitled to share in the revenue generated by advertising associated with your User Content.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You must be at least 17 years old to use any of the Services.
You agree NOT to do any of the following:
Be My Eyes may, but is under no obligation to, exercise any or all of its reserved rights for any reason, with or without notice, and at any time.
BE MY EYES IS NOT RESPONSIBLE FOR USER CONTENT, THE ADVICE / HELP GIVEN TO BLIND OR VISUALLY IMPAIRED USERS BY SIGHTED USERS, OR ANY VISUAL IMAGES OR AUDIO TRANSMITTED ACROSS A VIDEO STREAM.
BE MY EYES SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE).
BE MY EYES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE NOT TO RELY ON THE SERVICES, OR ANY INFORMATION IN THE SERVICES, OR THEIR CONTINUATION. WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER CONTENT, OR THIRD PARTY SERVICES, OR AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT ACCESSIBLE VIA THE SERVICES.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BE MY EYES IS NOT RESPONSIBLE FOR USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT.
Although it is Be My Eyes’ intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, but not limited to, for emergency repairs and scheduled maintenance or upgrades.
In addition, your ability to use the Services is dependent on the functionality of the device that you use to access the Services as well as the availability and coverage of wireless networks, telecommunications networks and the Internet, all of which involve facilities manufactured, owned and/or operated by third parties. BE MY EYES IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF ANY THIRD PARTY DEVICES, SYSTEMS OR FACILITIES, INCLUDING WITHOUT LIMITATION THOSE REQUIRED TO USE THE SERVICES.
Between you and Be My Eyes: IN THE EVENT OF A DISPUTE BETWEEN YOU AND BE MY EYES: (I) NEITHER YOU NOR BE MY EYES, OUR AFFILIATES, OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) NEITHER PARTY’S LIABILITY TO THE OTHER WILL EXCEED USD $1,000.
Between you and another user: IN THE EVENT OF A DISPUTE BETWEEN YOU AND ANOTHER USER RELATED IN ANY WAY TO THE SERVICES OR YOUR INTERACTIONS USING THE SERVICES, NEITHER YOU NOR THE USER WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THE CONDUCT THAT FORMS THE BASIS FOR THE DISPUTE WAS INTENTIONAL, CRIMINAL OR GROSSLY NEGLIGENT.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Be My Eyes Services are not designed to be or intended for use as an emergency aid, a means of obtaining or delivering emergency services, or a means for delivering or receiving medical treatment or medical or health services. The Services have not been tested or approved for such critical, high-risk uses and you agree that you will not use the Services for such purposes.
You hereby release Be My Eyes (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute between you and any third party, including without limitation another user of our Services, whether it be at law or in equity. This includes, for example, any disputes regarding User Content or the interpretation of User Content.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Before filing any claim against Be My Eyes or otherwise seeking relief in a court of law, you agree to first contact Be My Eyes at email@example.com to inform us of your complaint and seek resolution. This notice of dispute must include: your name, pertinent account information, a brief description of your dispute, and contact information so that Be My Eyes may evaluate the dispute and attempt to informally resolve it. Be My Eyes will have 60 days from the date of your original complaint to informally resolve the dispute, which if successful will avoid the need for further action.
In the unlikely event that Be My Eyes is not been able to resolve a dispute it has with you within 60 days of your original informal claim, we each agree to resolve any Claim by binding arbitration before an arbitrator from the American Arbitration Association (“AAA”) in the City and County of San Francisco, California under the Consumer Arbitration Rules then in effect for AAA. You can find out more information about AAA and contact them at www.adr.org.
Accessibly respects the intellectual property rights of others and requires that you and all of our users do the same. If you believe that content or other activity taking place on our site or services constitutes infringement of a work protected by copyright, please provide Accessibly’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”)
Accessibly’s DMCA administrator for notice of claims of copyright infringement on the Site can be reached as follows:
1155 Market Street, 10th Floor
San Francisco, CA 94103
The Services are controlled and operated from the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations. You warrant that you are not prohibited from receiving US origin products, including services or software. You may not use or access the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.